EU innovation record in 2023, significant achievements in intellectual property and customs cooperation

In today's globalized marketplace, intellectual property protection is increasingly important, particularly in preventing potentially dangerous counterfeit food and beverage products from entering the market. In 2023, EU customs authorities seized a record 152 million counterfeit items worth €3.4 billion. Labels, tags, and stickers accounted for 6.5% of these seizures, packaging materials for 4.1%, and food for 1.6%.

Intellectual property rights holders can proactively apply for customs protection with EU customs authorities to take action against infringing/counterfeit goods. This process involves submitting an Request for Action ("AFA"). AFAs can be filed at the national level (applicable to a single member state) or at the Union level (applicable to multiple member states). These applications are valid for one year and are renewable.

Once customs detains suspected infringing goods, they will notify the IP holder. The IP holder has 10 days to confirm whether the goods are infringing/counterfeit and authorize their destruction. If the IP holder does not respond, customs will release the goods. The owner of the goods may also agree to the destruction or file an objection. If they do not respond, customs will deem the goods destroyed.

The EU Customs' rigorous enforcement and achievements reflect the importance of intellectual property registration and management. Effectively utilizing customs measures to protect intellectual property not only safeguards brand reputation and prevents counterfeit products that endanger consumer safety, but also helps businesses gain a stronger foothold in the global marketplace. Furthermore, for businesses, understanding these practices and procedures can better support subsequent intellectual property protection strategies.